Property Claim: Personal law and customs significantly influence property rights. As a result, numerous individuals are uncertain about their property rights. There is considerable uncertainty regarding the portion of the maternal grandfather’s estate. Is it possible for someone to assert a right to a portion of their maternal grandfather’s estate?
The response to this inquiry relies on various factors. Among these, the type of property, its structure, and the applicable personal laws are all very important. Please provide us with detailed information about this. Initially, let’s discuss the kind of property. The property that has been passed down through the male line for four generations without partition is referred to as ancestral property. When an individual purchases a property with their income or receives it as a gift or through another means, it is referred to as self-acquired property. Inheritance law has distinct regulations for each type of property. If you fall under the Hindu Succession Act, 1956, your entitlement to your maternal grandfather’s property rests on whether it is ancestral or self-acquired.
Your mother’s father has complete rights to his personally obtained property. He can transfer this property or a portion of it to someone via a will or a gift deed. If your maternal grandfather passes away without establishing a will, the assets are distributed among the rightful heirs according to the Hindu Succession Act. In this situation, the lawful heirs consist of the following:
Initial preference: The initial preference regarding the property of your maternal grandfather will be granted to his children (your mother and her siblings) and your maternal grandmother.
Second Preference: Grandchildren will be prioritised if the children are deceased.
Inherited Property
If the property is inherited, then ownership rights are transferred through survivorship rights. According to Hindu law, grandchildren can assert their claim to the property if their parent has inherited it or possesses a right to the ancestral property.
If Your mother has received an inheritance
If your mother has inherited a property or a portion of it, she (mother) is entitled to transfer the ownership of this property to you. If your name appears in the will, you have a claim to that property.